What question about the timing of the 2005 Hindu Succession Act amendment did the Supreme Court…
Prakash v. Phulavati expressly framed the issue as the retrospective application of amended Section 6 to daughters' coparcenary rights. The later three-judge judgment in…
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What question about the timing of the 2005 Hindu Succession Act amendment did the Supreme Court identify in Prakash v. Phulavati, decided in 2015 and reported at (2016) 2 SCC 36?
Answer and explanation
Correct answer C
Prakash v. Phulavati expressly framed the issue as the retrospective application of amended Section 6 to daughters' coparcenary rights.
The later three-judge judgment in Vineeta Sharma overruled Prakash on the relevant interpretation and held that the father need not be alive on 9 September 2005.
Option feedback
Option A
The framed issue concerned daughters' rights under amended Section 6 rather than the validity of earlier wills.
Option B
The Court interpreted amended Section 6 on coparcenary rights rather than a change to the Schedule's classes of heirs.
Option C
The decision expressly asked whether amended Section 6 operated retrospectively.
Option D
The issue concerned the application of amended Section 6 rather than a change to limitation periods.
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